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HomeMy WebLinkAboutItem 6.1 Abatement of Zoning Violation Canterbury Court Oil AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 8, 1984 SUBJECT: Abatement of Zoning Violation at 7650 Canterbury Court, Dublin EXHIBITS ATTACHED : 1) Planning Commission Resolution 84-26 2 ) City Council Resolution 82-84 3 ) Letter dated August 24 , 1984 4 ) Ordinance 09-84 RECOMMENDATION: Direct City Attorney to commence action to abate the zoning violations under Ordinance 09-84 FINANCIAL STATEMENT: Costs are not known at this time however, they are recoverable from the property owner. DESCRIPTION: On September 14 , 1983, while making a routine inspection in the area, it was noted construction work was being done on the building at 7360 Canterbury Court, without a permit . Investigation revealed that the interior of the house was being extensively remodeled. Also, there was a 14 ' 9" x 21 ' 8" room, at the rear, which extended to within 5 ' 6" of the property line . The zoning ordinance requires 20 feet from the rear of the building to the property line. According to the owner, there was an enclosed aluminium patio structure at the rear of the building when he acquired the property. This was removed and completely reconstructed as a fully enclosed room. At the time of the first inspection, the room was virtually completed and lacked the completion of the exterior siding. Installation of the siding was subsequently completed in violation of a Stop Work Order . Subsequently Mr. McCartney applied for a variance to permit a reduction of the rear yard, so as to allow the addition to remain. The variance request was denied by the Planning Commission and the City Council . On August 24 , 1984 , Mr. McCartney was requested to secure a permit to revise the room, or to remove it . As of this date, nothing has been done . ----------------------------------------------------------------- ITEM NO. 4r" COPIES TO: William McCartney City Attorney K RESOLUTION NO. 84-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ DENYING PA 83-060 WILLIAM MCCARTNEY VARIANCE REQUEST TO ALLOW A ROOM ADDITION IN A REQUIRED YARD AREA WHEREAS, William McCartney has filed an appeal of the Zoning Administrator's decision which denied his variance request (PA 83-060) ; and WHEREAS, the Planning Commission did hold a public hearing on said appeal on May 21, 1984; and M1 WHEREAS, said hearing was continued at the applicant's request to the Planning Commission meeting on June 4, 1984; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality act and has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending the appeal be denied; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1) The variance request, if approved, would give the applicant a special privilege not enjoyed by others in the same Zoning District; 2) There are no unusual circumstances relating to lot size, configuration, or topogrphy associated with Mr. McCartney's - property; 3) If the permits had been applied for, the room addition would never have been constructed. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby deny said appeal PASSED, APPROVED AND ADOPTED this 4th day of June, 1984. AYES: Commissioners Alexander, Barnes, Mack, Raley and Petty NOES: None ABSENT: None 171'anning Commission Chairman ATT T: 1\vl Gwale � Planning Director DP 83-20 RESOLUTION NO. 82-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLI`] ----------------------------------- DENYING PA 83-060 WILLIAM MCCARTNEY VARIANCE REQUEST TO ALLOW A ROOM ADDITION IN A REQUIRED YARD AREA WHEREAS, William McCartney filed an application for a -; variance to allow a room addition in a required yard area at .7650 Canterbury Court; and WHEREAS, the Zoning Administrator held a public hearing ___ : on said application and denied the application on February 28, '.- 1984 ; and WHEREAS, William McCartney has filed an appeal of the ,-:..; .-. Zoning Administrator ' s action which denied his variance request (PA 83-060 ) ; and WHEREAS, the Planning Commission did hold a public hearing on said appeal on May 21, 1984 ; and WHEREAS, said hearing was continued at the applicant's request to the Planning Commission meeting on June 4 , 1984, at which time the Planning Commission denied the request; and WHEREAS, Mrs . McCartney filed an appeal of the Planning Commission' s action denying the request; and WHEREAS, the City Council did hold a public hearing on said appeal on August 13 , 1984 ; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and - WHEREAS, this application has been reviewed in accordance with the provisions of the .California Environmental . Quality act and has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending the appeal be denied; and WHEREAS, the City Council did hear and consider all said reports , recommendations , and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that : DP 83-20 1) The variance request, if approved, would give the applicant a special privilege not enjoyed by others in the same Zoning District, that special privilege being a room addition in a required yard area; 2 ) There are no unusual circumstances relating to lot size, configuration, or topography associated with Mr . McCartney' s property; 3 ) If the permits had been applied for, the room addition would never have been constructed. BE IT FURTHER RESOLVED that ::.the" Dublin ..City Council- does hereby deny said appeal s: - _ - . -_ _Y_ :.. PASSED, APPROVED AND ADOPTED ;this `l3th day of August, 1984 . r' AYES : Councilmembers Hegarty, Jeffery, Moffatt and Mayor Snyder -- NOES: None ABSENT: Councilmember Vonheeder Mayo ATTEST o City Clerk DP 83-20 CITY OF DUBLIN P.O. Bux 2340 Dublin, CA 94568 (315) g?9-160Q August 24, 1984 CERTIFIED MAIL William McCartney 7650 Canterbury Court Dublin, CA 94568 RE: PA 83-060 The City Council at the August 13, 1984 , meeting denied your request for a variance to reduce the rear yard on your property from 20 feet to 5 1/2 feet, in order to allow the room recently constructed to remain as is . In connection with your application for a variance, the planning staff identifies four options which would be acceptable, subject to field verification of actual dimensions. The options are as follows : 1 . A room addition of approximately 21 feet, 8 inches by 8 feet. 2 . A room addition of approximately 17 feet, 9 inches by 10 feet. 3 . Change the existing room addition to an open patio structure . 4 . Remove the structure. You are hereby requested to secure for a permit to alter the room so as to conform to options 1 through 3, by September 7, 1984, and begin necessary work by September 17 , 1984, or begin demolition by September 17 , 1984 . In order to get a permit it will be necessary for you to submit complete accurate plans showing the proposed work. If a permit is not secured by the time specified, or work is not started as specified and deligently pursued, legal action will be initiated to compel you to comply with the zoning ordinance by removal of the room. Thank you for your cooperation. r VICTOR L. TAUGHER BUILDING OFFICIAL cf ORDINANCE NO. 09-84 • AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ARTICLE 9 OF PART I OF CHAPTER 2 OF TITLE 8 AND RELATING TO ZONING ENFORCEMENT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENTS (a) Section 8-106 .3 of Article 9 , Part It Chapter 2 , ' Title 8 of the Alameda County Ordinance :.Code previously adopted by the City of Dublin is amended -to read as follows: " Section 8-106 .3 . DUTY OF CITY ATTORNEY. Any building or structure set up, erected, constructed, altered, enlarged, _ converted, moved or maintained contrary to this Chapter or any use of any land, building or premises established, conducted, operated or maintained contrary to -this Chapter is unlawful and is hereby declared to be a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoin thereof in the manner provided by law and shall take such other steps and shall apply to the court or courts as may have jurisdiction to grant the relief which will abate and remove the building or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, or maintaining or using the building or structure or any property -contrary to the provisions of this Chapter."= (b) Section 8-106 .4 is added to Article 9 , Part I, Chapter 2, Title 8 of the Alameda County Ordinance previously adopted by the City of Dublin to read as follows: " Section 8-106 .4 . ATTORNEYS FEES AND LEGAL COSTS A LIEN. In the event that the City commences an action in court for the relief set forth in the preceding paragraph (a) , the attorneys' fees and court costs incurred by the City in the prosecution of such an action shall become ` y a lien against the property on which said nuisance is maintained. " (c) Section 8-106 .5 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .5 . NOTICE OF ASSESSMENT HEARING. Upon the filing of the report of the Building Official regarding attorneys' fees and court costs, the City Clerk shall, by resolution, fix a time, date and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for attorneys'.:, fees and ,court costs .• _ s, and any other interested persons. At least ten (10) days before the date set for the hearing, the Building Official shall cause copies of his report and notice of the filing of his report and of the time, place and date when the Council will hear and pass on the report, any protests or objections thereto, to be posted and served in the manner and upon the property - owner, tenant or other interested party. " (d) Section 8-106 .6 is added to Article 9 , Part I, Chapter 2, Title 8 of the Alameda County Ordinance °Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .6 . ASSESSMENT HEARING. Any person interested in or affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hour set for the hearing on the report of the Building Official. Each . such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of each protest or objection. Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the attorneys' fees and court -2- costs, and any other interested persons. The Council may make such revisions, correctons, or modifications of the report as it may deem just, and the report as submitted or as revised, corrected or modified, together with the assessment shall be confirmed by resolution. The decision of the Council on the report and the assessment and all protests or objections thereto shall be final and conclusive. " (e) Section 8-106 .7 is added to Article 9 , Part Chapter 2 , Title 8 of the Alameda County Ordinance -.Code - 2, previously adopted by the City of Dublin 'to' read as.,follows: :3;;-?_� -'- " Section 8-106 .7 . ASSESSMENT OF ATTORNEYS' ' FEES AND COSTS AGAINST PROPERTY: --•LIEN. The attorneys' fees and court costs, as confirmed by the Council, shall constitute a special assessment against -the property - > •.,. involved, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessment until paid. . Such lien shall, for all purposes, be upon a parity _ __ ......_. with the lien of State,, County and City taxes. " (f) Section 8-106 . 8 is added to Article 9 , Part I, : Chapter 2 , Title 8 of the Alameda County Ordinance Code . previously adopted by the City of Dublin to read as follows: " Section 8-106 .8 . COLLECTION. On or before August 10 of the year in which a special assessment is confirmed by the Council, the City Clerk shall cause a certified copy of said special assessment to be filed _ _. .. with the County Assessor and County Tax Collector: The description of .the parcel reported shall be that used for the same parcel on the County Assessor' s map books for the -.-. current year. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws and ordinances applicable to -3- the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment. " Section 2 . POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council .of the City of-; _ Dublin on this 23rd day of April, 1984 , , by the . following votes: : AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor . Snyder - ...... = NOES: None -- ABSENT: None ... - ' Mayor Ci ATTEST: �< < C LA4 ....- _ _ �._... _._.... . City Clerk = -4-